B. N. CHATURVEDI, J.

( 1 ) INSTANT appeal is directed against an order dated 16. 1. 2006 of the learned Additional District Judge dismissing the appellant s appeal against judgment and decree dated 28. 7. 2005 passed by the Court of Civil Judge in favour of respondent.

( 2 ) THE respondent is owner/landlord of an industrial shed admeasuring about 4,000 sq. ft. situated at 458-466, Indian Sulphacide Industries Compund, gali No. 8, Friends Colony, G. T. Road, Shahdara, Delhi, which was let out to the appellant in the year 1976 initially @ Rs. 2,200/- per month. According to the respondent, it was a tenancy from month to month commencing on the first day of every English Calender month and ending on the last day of the month. A notice to quit was served on the appellant terminating its tenancy and calling upon it to hand over vacant and peaceful possession of the premises to the respondent. On appellant s failing to abide by the notice, the respondent filed a suit for recovery of possession and mesne profits, which was, eventually, decreed in favour of respondent.

( 3 ) IN appeal against the judgment and decree of the trial court, one of the points raised was that the tenancy had not

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